Tag Archives: false advertising

when can pharma experts testify about compliance with the FDCA? (also some survey stuff)

Posted on November 13, 2023 by rtushnet

ImprimisRX, LLC v. OSRX, Inc., 2023 WL 7390842, No. 21-cv-01305-BAS-DDL (S.D. Cal. Nov. 8, 2023) Imprimis sued defendants, competitors in the compounding pharmacy industry, for false advertising, trademark and copyright infringement, and related claims. It alleged that defendants falsely advertised … Continue reading →

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alleged Haitian corruption doesn’t make collection of “foreign taxes” misleading or material

Posted on November 13, 2023 by rtushnet

Celestin v. Martelly, — F.Supp.3d —-, 2023 WL 6385 (E.D.N.Y. 2023) Plaintiffs alleged Martelly, the then-President-elect of Haiti, devised a “wide-ranging scheme” to impose fees and fix prices on money transfers, food remittances, and international calls made to and from … Continue reading →

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(c) infringement and false advertising claims against addiction treatment competitor survive, in part

Posted on November 9, 2023 by rtushnet

New Directions Program v. Sierra Health & Wellness Centers LLC, 2023 WL 7284797, No. 2:22-cv-01090-DAD-JDP (E.D. Cal. Nov. 1, 2023) Plaintiff Gust is the “principal and owner” of plaintiff New Directions and “has been an expert in the field of … Continue reading →

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Artistic Expression or Crass Commercialism? Drawing the lines in Right of Publicity, Lanham Act, and Commercial Speech Cases

Posted on November 8, 2023 by rtushnet

PLI Media Law conference RT: There’s been a rapid and somewhat disorienting shift from a seemingly ever-growing First Amendment freedom of speech to a seeming indifference to speech and press based claims (as contrasted to religious freedom claims) in many … Continue reading →

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Timeshare developer wins disgorgement against timeshare exit marketers despite unclean hands

Posted on November 6, 2023 by rtushnet

Bluegreen Vacations Unlimited, Inc. v. Timeshare Lawyers P.A., 2023 WL 7109914, No. 20-24681-Civ-Scola (S.D. Fla. Oct. 27, 2023) Intro: In this trial, the Court has learned that tens of thousands of timeshare owners have been victimized twice: first by the … Continue reading →

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Second Circuit finds false advertising claim against “reef safe” plausible

Posted on November 6, 2023 by rtushnet

Richardson v. Edgewell Personal Care, LLC, 2023 WL 713094, No. 23-128 (2d Cir. Oct. 30, 2023) Richardson brought NYGBL claims against Edgewell’s “Reef Friendly*” and “*No Oxybenzone or Octinoxate”/“*Hawaii Compliant: No Oxybenzone or Octinoxate” sunscreens, alleging that the products contain … Continue reading →

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TM co-owner can’t challenge uses authorized by other co-owners (bonus Lexmark reasoning)

Posted on October 24, 2023 by rtushnet

Reed v. Marshall, 2023 WL 6963661, No. H-21-3942 (S.D. Tex. Oct. 20, 2023) In 1991, Reed and defendants Marshall and Harris formed the recording group Jade, and in 1992 they signed an exclusive recording agreement with a now-defunct label, Giant. … Continue reading →

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it is unfair to fail to disclose paid promotion/for influencers not to do due diligence on what they promote

Posted on October 19, 2023 by rtushnet

In Re Ethereummax Investor Litig., No. CV 22-00163-MWF (SKx), 2023 WL 6787827 (C.D. Cal. Jun. 6, 2023) EMAX is a cryptocurrency project centered around the EthereumMax, which can be traded, spent, or otherwise transacted between token holders. EMAX Tokens were … Continue reading →

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Claims against “Southern Comfort” malt beverage not preempted

Posted on October 11, 2023 by rtushnet

Del Rosario v. Sazerac Co., 2023 WL 6318083, No. 23-cv-1060 (AS) (S.D.N.Y. Sept. 28, 2023) Sazerac sells a malt version of its famous Southern Comfort whiskey. Plaintiff alleged that Sazerac designed this malt version to look just like the original … Continue reading →

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no injury to alcoholic kombucha producer from competitor’s false no-alcohol/low-sugar label (cute dogs are also involved)

Posted on October 11, 2023 by rtushnet

Tortilla Factory, LLC v. GT’s Living Foods, LLC, No. CV 17-7539 FMO (GJSx), 2023 WL 6296900 (C.D. Cal. Sept. 27, 2023) Interesting bench trial result that finds no proximate causation of plaintiff’s injury from defendant’s false advertising. Despite finding the … Continue reading →

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